The overview of the current social and humanitarian situation, within the territory of the Donetsk People`s Republic as a result of hostilities between 18 and 24 November, 2017

Children and teenagers are the most defenseless members of society. Therefore, they need special attention and attitude. Unfortunately, in today’s world the rights and interests of children are often violated. On November 20, Universal Children’s Day is celebrated annually. On this day in 1959 the Assembly adopted the Declaration of the Rights of the Child, and the Convention on the Rights of the Child in 1989.

The Convention provides for equal rights for all children on the Earth. Its main points are the following:

Every child has the inherent right to life, and the state ensures to the maximum extent possible the survival and development of the child;

Children have the right to freedom of expression;

Parents have the primary responsibility for the upbringing, protection and development of their children;

States shall ensure the development of institutions, facilities and services for the care of children;

States shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence;

Every child has the right to education;

States shall respect the right of the child to freedom of thought, conscience and religion;

Children under 15 years of age should not take a direct part in hostilities;

No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation.

The Convention establishes various rights of the child – civil, political, economic, social and cultural, that have never been combined before, in one document. It reflects a compromise of various legal and philosophical approaches, international and national political interests. Its provisions take into account the diversity of cultures, traditions, religions, levels of economic development of various countries. All this, as well as supervisory mechanisms to monitor compliance with the provisions of the Convention, makes this document a unique instrument for protecting the rights of the child.

In the Convention the child is for the first time ever considered as a person having rights, which the States Parties must “respect and guarantee” (Article 1 of the Convention). There is an explicit statement that a child is a particularly vulnerable member of society and therefore he/she requires and deserves special protection. It is important to note that the Convention presupposes special protection of a child not as a member of family or any other social group. In all that regards rights, a child is seen as an independent person regardless of his/her relation to any other person or group.

The Convention not only identifies a child as a person endowed with specific rights, but also makes it possible for the child to protect his/her rights through national judicial or administrative procedures (Article 12). A principle that changes the status of a child from a passive object of “protection” into an active subject is one of the most significant contributions of the Convention to international human rights law.

Unfortunately, Donbass children live in conditions when their life and health are threatened every day. In violation of ceasefire Minsk agreements, Ukrainian security forces cruelly and cynically shell commuter belt areas, schools, hospitals using large calibre artillery pieces. Thus, the Ukrainian side directly violates the fundamental rights of children, as well as of all citizens of the Republics. In the course of the undeclared war unleashed by the Ukrainian authorities, 76 innocent children were killed in the territory of the Donetsk People’s Republic.

A full and effective protection of the rights of the child is a duty of the state. Therefore, the government of the Donetsk People’s Republic makes every effort to ensure protection of the rights and freedoms of children.

The rights of children in the Donetsk People’s Republic are guaranteed by the Constitution, the Family Code, the Law on the Protection of the Rights of Children, the Law on Education, the Law on Protection of Children from Information Harmful to Their Health and Development, the Law on Prevention of Child Neglect and Juvenile Delinquency.

The post of the Human Rights Ombudsman has been established in the Donetsk People’s Republic to ensure the state protection of citizens’ rights and freedoms, to prevent any form of discrimination regarding the exercise of their rights and freedoms.

Citizens can apply to the Ombudsman in any suitable way. Now, the majority of applications are still verbal and submitted through personal reception either with the Ombudsman or the heads of the Office, addressing the Public Complaints and Appeals Department, via hotlines and via web-reception on the Website of the Ombudsman. There is a possibility to file a written complaint that may be submitted either in person or via e-mail. Since 2017 the Ombudsman received 5615 appeals. In the period of work between 18 and 24 November, 2017, 8 persons visited the Ombudsman in person, 43 claims were accepted by the Appeals department 44 calls were made via hotlines. 23 applications were received via e-mail, 6 written appeals were taken into consideration, 9 – have been reviewed among those received earlier, 35 persons have been given legal assistance.

All appeals received can be divided into four categories: violations in criminal law – 344 appeals, violations in civil law– 713 appeals, administrative and legal violations against the DPR citizens – 30 appeals, social and humanitarian issues – 4528 appeals (diagram 1).

The number of appeals (complaints, applications) from citizens, submitted to the Office of DPR Ombudsman as of 24.11.2017

Violations in criminal law

Violations in civil law

Administrative and legal violations against citizens

Issues of social and humanitarian affairs

Among all incoming correspondence to the Ombudsman of DPR, the one which deals with the issues of exercise of social rights of citizens and violations of these rights is the most frequent. These issues are: pension and social payments – 647 appeals, temporary accommodation – 519 appeals, the order of a complaint submission and paperwork in case of property destruction – 125 appeals, humanitarian assistance – 180 appeals, employment – 171 appeals, paperwork on travelling documents –11 appeals, search of the missing – 190 appeals, loss of IDs – 342 appeals, housing issues – 277 appeals, temporary residence permit – 227 appeals, other social and humanitarian issues – 1839 appeals. (Diagram 2).

The number of appeals (complaints, applications) from citizens on social and humanitarian isses, received by the DPR Ombudsman`s Office as of 24.11.2017

Pension and social payments

Humanitarian assistance

Search of the missing soldiers

Housing issues

Temporary accommodation

Employment

Search of the missing civilians

Temporary residence permit

Paperwork in case of property destruction

Paperwork on travelling documents

Loss of IDs

Other social and humanitarian issues

The majority of complains are traditionally received from Donetsk, by territory (Diagram 3).

The number of appeals (complains, applications) from citizens, received by the DPR Ombudsman`s Office as of 24.11.2017

Donetsk

Yenakievo

Snezhnoye

Yasinovataya

Starobeshevo region

Gorlovka

Zhdanovka

Torez

Amvrosyevka region

Telmanovo region

Debaltsevo

Kirovskoye

Hartsysk

Maryinka region

Shakhtyorsk region

Dokuchaevsk

Makeyevka

Shakhtyorsk

Novoazovsk region

Other settlements

Statistics and analysis of destroyed infrastructure objects

Targeted shelling by Ukrainian forces causes destruction of private property and infrastructure – this is the reality of the front-line regions of the Donetsk People’s Republic.

As of September 28, 2017 more than 11413 infrastructure objects were partly destroyed (damaged) as a result of hostilities.

According to the official data as of 3 November, 2017 there are 2837 objects of governmental and communal ownership damaged, 666 – rebuilt and 2171 – are to be rebuilt.

Estimates of mortality, wounds to civilians and soldiers as a result of hostilities in the territory of the Donetsk People`s Republic.

Almost every day the DPR Ombudsman’s Office records cases of violations of Donbass citizens’ rights by Kiev authorities: right to life, to security of the person, to inviolability of the home.

On November 17, as a result of hostilities in Novoazovsk region, a DPR serviceman born in 1988 sustained gunshot wound to the face, penetrating shrapnel wound to the left eye-bulb.

On November 18 as a result of shelling in Bezymennoye village, Novoazovsk region, a DPR serviceman born in 1986 sustained blunt shrapnel wound to the left hand.

As a result of shelling in Dokuchaevsk, a DPR serviceman of 22 years old sustained an open shrapnel fracture of the right forearm.

On November 19 as a result of hostilities in Bezymennoye village, Novoazovsk region, a DPR serviceman born in 1970 sustained a bullet wound to the chest, perforating wound of the right shoulder.

On November 20, as a result of hostilities in Novoazovsk region three DPR servicemen born in 1987, 1978 and 1966 sustained shrapnel wounds.

On November 21 as a result of shelling in Dokuchaevsk by Ukrainian forces a civilian woman’s apartment was hit. The woman born in 1965 sustained chest hematoma, bruised wounds and a burn.

Within the period between 17 and 23 November, 2017, 8 persons sustained injuries in the territory of the DPR as a result of constant shelling from Ukraine. Among them there were 7DPR servicemen and one civilian woman.

Within the period between January 1 and November 23, 2017,550 persons sustained injuries of various severities in the territory of the DPR. Among them, there were 327 DPR servicemen and 223 civilians, including 14 children under 18.

Within the period between 17 and 23 November, 2017, 2 DPR servicemen died in the territory of the DPR.

Within the period between January 1 and November 23, 2017, 253 persons, including 223 servicemen and 30 civilians died in the Donetsk People’s Republic, including two underage children.

To be specific, since the beginning of the armed conflict 4542 persons died. Among them, there are 605 women and 3937 men, including 76 children under eighteen.

Officially confirmed information on individuals, who have been wounded since the beginning of the conflict continues to be reported to the Ombudsman’s Office in DPR. The information is being processed at the moment and it will be included into general statistics of the injured individuals.

Register of the prisoners of war, missing soldiers

and civilians

This week no appeals on arrest were received by the Ombudsman’s Office in the Donetsk People’s Republic.

Based on the updated figures as of 24.11.2017, 457 persons are kept by the Ukrainian side including:

– 256 of those whose presence on the territory of Ukraine had been confirmed. It has been reported that eight persons has served their sentences and were released.

– 195 persons whose whereabouts are unknown or are being clarified by the Ukrainian side.

– 6 persons were requested from the Ukrainian side for the first time.

This week no appeals on missing persons were received by the Ombudsman’s Office in the Donetsk People’s Republic.

After some official information has been received, it was established that 15 persons from the list of missing persons were recognized as dead; the whereabouts of another three persons have been confirmed.

The search for another 45 people is impossible at the moment due to the lack of data.

As of 24 November 2017, 446 persons are considered missing. Hypothetically, they might be in Ukrainian captivity.

Register of forcibly displaced persons.

Temporary Accommodation Centres (TACs) have been opened in the Donetsk People’s Republic. Any person can receive temporary accommodation there if they need it. 1153 IDPs now live in temporary accommodation of the Office, including 224 underage children. Since the beginning of the conflict 5238 referrals for temporary accommodation have been issued, 344 of them – in 2017. All the TACs are under the DPR Ombudsman’s inspection. The staffs of the Office monitor the TACs on a weekly basis, with the view to respond promptly to the citizens’ needs. The Ombudsman makes every effort to improve social and living conditions for people who live in the TACs.

During the period of work between 18 and 24 November, 2017, 26 persons have applied to the Ombudsman’s Office on the issues related to internally displaced persons, one of them was accommodated in the TACs of the Ombudsman`s Office in Donetsk.

There are currently 1395 housing spots available for IDPs. Among them: 1395 – in DPR Temporary Accommodation Centres (including TACs of Ombudsman`s Office); 500 – in TACs of the Ombudsman`s Office.

It is necessary to remind that there are 7786 persons, including 2009 children under the age of eighteen registered since the beginning of the conflict. 64 temporary settlements have been established within the territory of DPR, 55 of them operate today, 8 of them are held in reserve.

Currently, 2738 individuals live in the centres, including 525 underage children, 5048 persons live in the housing fund of DPR, including 1484 children under eighteen.

Employment of DPR citizens

The Republican Employment Centre is the main institution responsible for providing jobs to the population.

According to their data, 38.8 thousands of vacancies were available in the common database as of 24.11.2017. As of November 24, 2017, there were 48.8 thousand individuals who seek for job, registered in the Republic Employment Centres. Among them: 40.9 thousand have been employed (23.5 of them – on permanent positions, 17.4 – temporarily).

Donetsk Centre of Vocational Education of The Republic Employment Centre organises regular free public workshops to train practical skills, such as work with personal computers; technique and mechanization of trade accounts (work with cash register machines); the program “1C: Accounting 8.2.”; fundamentals of entrepreneurship; processing and decoration of textile and clothing products etc. Since the beginning of 2017, 358 persons participated in those workshops.